Fla. judge voids mask mandate for planes, public transit

ST. PETERSBURG, Fla. — A federal judge in Florida on Monday voided the national mask mandate covering airlines and other public transportation as exceeding the authority of U.S. health officials in their response to the coronavirus pandemic.

The mandate, recently extended by the U.S. Centers for Disease Control and Prevention, covered a vast array of transportation, from airplanes and trains to city subways and ride-sharing vehicles such as Uber.

The decision by U.S. District

Judge Kathryn Kimball Mizelle in Tampa, an appointee of former President Donald Trump, also said the CDC improperly failed to justify its decision and did not follow proper rulemaking procedures that left it fatally flawed.

In her 59-page ruling, Mizelle said the only remedy was to vacate the rule entirely across the country because it would be impossible to end it for the limited group of people who objected in the lawsuit.

The judge said “a limited remedy would be no remedy at all” and courts have full authority to make a decision such as this — even if the goals of the CDC in fighting the virus are laudable.

“Because our system does not permit agencies to act unlawfully even in pursuit of desirable ends, the court declares unlawful and vacates the mask mandate,” she wrote.

The Justice Department declined to comment Monday when asked if the government planned to appeal the ruling. The CDC also declined to comment.

White House press secretary Jen Psaki told reporters that federal agencies were still assessing the court decision

Monday afternoon.

“This is obviously a disappointing decision,” Psaki said, “The CDC is recommending wearing a mask on public transit.”

Republican Florida Gov.

Ron DeSantis, who was not directly involved in the case but has battled against many government coronavirus requirements, praised the ruling in a statement on Twitter.

“Great to see a federal judge in Florida follow the law and reject the Biden transportation mask mandate. Both airline employees and passengers deserve to have this misery end,” DeSantis tweeted.